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Actors/Moral Clauses
The U.S. Court of Appeals for the Second Circuit affirmed a ruling in favor of ABC Television over its firing of “All My Children” soap-opera actor Michael Nader after Nader was arrested for selling cocaine. Nader v. ABC Television Inc., 04-5034. Nader's suit had included a claim under the Americans with Disabilities Act (ADA). But the appeals court found in its unpublished opinion: “When ABC initially terminated his contract three weeks after his arrest, Nader was explicitly excluded from the scope of the ADA, as a current substance abuser. See, 42 U.S.C. Sec. 12114(a). In any event, even if Nader were protected by the disability discrimination laws, and were able to make out a prima facie case, ABC fired him because of his breach of his contract's morals clause, and Nader has not made any showing that this legitimate non- discriminatory explanation is pre-textual.” The court added: “Nader provides no support for his claim that the morals clause was unenforceable for being too ambiguous or vague. Morals clauses have long been held valid and enforceable.”
Copyright Infringement/Laches
The U.S. Court of Appeals for the Ninth Circuit has denied petitions for either a panel or en banc rehearing of its ruling that laches barred a copyright infringement suit by the daughter of jazz artist Kid Ory over Country Joe McDonald's 1960s anti-Vietnam-War-song “Fixin' to Die Rag.” Ory v. McDonald, 03-56586.
Copyright Litigation/Effect of French Suit
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